Full Judgment
Charles A. Turner, Kt., C.J. and Kernan, J.
1. The provisions of Section 205 of the Code of Criminal Procedure, 1872, are inapplicable as is pointed out by the referring officer. When the complainant is required to pay fees for summoning witnesses under Section 361, and fails to do so, the Magistrate must deal with the case on such evidence as he may have before him. We set aside the order under Section 205, and direct the Magistrate to fix a date and dispose of the case accordingly.